Uday (EMPLOYEE) 31 January 2014

Divorce and maintainance

Myself married (Inter caste) on 23 April 2009. We both were class mates and MCA graduated working in reputed companies.
We have a baby girl (3 years and 2 months). Before marriage I have clearly informed her everything about me and my family. More than 1000 times I have informed her that I can’t leave them at any cost (aged 70 years) and we have to adjust and stay together.

There are many differences between both of our families in terms of customs, religions and other things.
There are many instances where she has used foul and abusive languages against my aged parents that I couldn’t tolerate.

On February 16, 2012 she again used abusive and foul languages about me and my parents (No son should listen to those words about parents) that hurt me very badly which I couldn’t control or tolerate myself. She even threatened us (many times) that she will go to police and lodge an FIR against us. Immediately I informed her parents to come and they took her along with the daughter saying few days we will take her.

Since then irrespetive of many attempts from me, my parents, friends, relatives and wellwishers still there is no result. I approached Karnataka State Legal Services Authority for reconciliation and we failed to reconcile. (I didn't accept her demands and allegations)

She had sent a legal notice with all false alligations which i denied, now she is not interested in coming back she quit her job ( I came to know) and demanding mutual divorce, compensation for her and daughter.

Request your guidance in the following
1. We both are equally qualified (Masters), should I have to give alimony to her?
2. Should i give daughters compensation as one time settlement or monthly?
3. How much (approximate) amount i should give as compensation towards daughter (monthly and onetime)

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6 Replies

Ranee....... (NA) 31 January 2014

There are many judgement which says a qualified wife is not entitled to receive maintenance

Ranee....... (NA) 31 January 2014

There are many judgement which says a qualified wife is not entitled to receive maintenance

Ranee....... (NA) 31 January 2014

There are many judgement which says a qualified wife is not entitled to receive maintenance

Gautam Kapoor (IT professional Studying Law) 01 February 2014

@ Uday

1)What legal notice did they send you.

2) Keep a record of the reconcillation attempts made by you.Do you have on record the list of demands that your wife made.

3) Do you have proof that she is demanding divorce ?

1. We both are equally qualified (Masters), should I have to give alimony to her? -> NO,you need to prove in court that she is equally qualified and when last she last quit the job.
2. Should i give daughters compensation as one time settlement or monthly? -> YES,CERTAINLY, she is your daughter,how can you shed your responsiblility ?.One time settlement or monthly you can pray to the court.
3. How much (approximate) amount i should give as compensation towards daughter (monthly and onetime)-> Amount ,will be decided by the honourable court taking into consideration the child's legitimate needs.

Uday (EMPLOYEE) 03 February 2014

1)What legal notice did they send you.
All allegations like i took money from her father during marriage, i took money from her to run home (towards home expenses), i beated her and im having an affair and hence neglected her and daughter.
I dined all these allegations, till today im visiting her once in two weeks (now she is claiming that i come only for daughter and not for me)

2) Keep a record of the reconcillation attempts made by you.Do you have on record the list of demands that your wife made.

I don't have record but she wants to stay separately.

3) Do you have proof that she is demanding divorce ?
She spoke to her lawyer that she doesn't want this relationship and to get compensation/alimony for her and the daughter like mutual out of court settlement one time.

Ofcourse, She is my daughter. I'm reaponsible, im trying my level best but all my efforts in vein.
She wants my money to look after my dauther, let her give me my daughter i don't need anything from her.
Now she is not happy me visiting my daughter (bonding with my daughter)